(4) This Act may be cited as the City of St. John's Power re streets 75. Any person who contravenes the provisions of this By-Law shall be guilty of an offence and liable upon summary conviction to a penalty as provided for in Section 403 of the City of St. John's Act, or where a violation notice is issued, to a penalty as provided for in Section 403.2 of the City of St. John's Act. (2) 102. The council shall have power to control the laying out of building lots on a street so that they conform to the street line, and, where necessary, to adjust the boundaries of the lots between the respective owners. (e) buildings held and occupied for public worship; (b) Refusal to comply After 5 (a) Application of regulations , and for the purpose of this section "public works" and "goods or services" have the same meaning as in the Public Tender Act. Appeal sectional plans of the city on a scale of 13.33 m to 2.5 cm, showing all surface drains, gullies, electric and gas lights, fire hydrants, manholes, street car lines and all other public utilities on the surface; (2) content lands and buildings of the Crown other than those referred to in paragraphs (a) and (b), used for government purposes, except that the government buildings shall be subject to a charge for protection and ordinary water service of 5% upon the appraised annual rental value of the buildings and the council shall not make an additional charge, based on meter readings or otherwise, for water consumed in government buildings except for water consumed in excess of a reasonable quantity for the property in question, having regard to the quantities supplied without extra charge to occupiers of similar property in the city. . A person shall not dig or tear up a pavement, or dig a hole, ditch, drain or sewer in a street, without having obtained a permit from the city engineer. (2) the person referred to in section 20; and. by the council under the powers vested in it under this Act. prohibit or regulate or prevent the blasting, use and storage of dynamite and other explosives. , on the east by Empire Avenue, on the south by Plymouth Road 68. Lake Notwithstanding anything to the contrary contained in this Act or another Act, the council may, without the approval of the Minister of Municipal and Provincial Affairs, borrow money from a chartered bank in Canada for the interim financing of the council for a purpose authorized by this Act, but the total borrowing of council under this section shall not exceed $1,500,000. (8) The board of arbitrators shall begin arbitration proceedings within 30 days after it is constituted and shall deliver the decision or award within 60 days after the beginning of the arbitration proceedings, but this latter period may be extended by written agreement of the parties concerned, in which event the decision or award shall be delivered within that extended period. consist only of funds raised as provided in paragraph (a) and subsection (10). buildings in a dangerous condition; (o) (2) All development within the City of St. Johns is carried out and maintained with by-laws enacted by the St. Johns Municipal Council and in accordance with. the granting of a permit for or the regulating, restricting, or prohibiting of the location, construction, erection, repair, equipment, occupancy, change of use, removal, or demolition of buildings; (b) 214. An order under subsection (7) shall not become effective unless confirmed by a resolution of the council approved by at least 5 councillors. upon receipt of a petition by persons qualified to reject the establishment of a business improvement area referred to in subsection (4); and. Where the owner of land or a building or his or her agent cannot be found in the city or where the ownership of land or a building cannot be determined after reasonable inquiry on behalf of the council, a notice required to be served on or given to the owner or his or her agent under this Act shall be considered to have been properly served or given where posted upon the land or building to which the notice relates. 170. 154.070 ACCESSORY USES, BUILDINGS AND STRUCTURES. Subsection 104(4), subsection 106(2) and section 107 shall not apply to buildings or mains or utility plant erected or constructed by the council. (3) in respect of shops carrying on the businesses or trades or classes of businesses or trades that may be specified in the regulations. (d) 340.21 (1)The council shall have power by resolution to fix and impose upon the owner or occupier of a premises or part of a premises within the city limits a special annual tax to be known as the water tax in respect of water supplied to a premises or part of a premises. 70. 103. (in your city, county, or town) that has rules on boundary fences. prescribing the days or hours or both during which shops in the city may be open for the serving of customers or shall be closed; (c) Out of the money individually arising from the sales you shall immediately pay over the sums so due by them respectively to me, and give to the respective owners of the goods, upon demand, the surplus remaining from the sale of the goods, the necessary charges of taking, keeping, and selling the distress being first deducted; and where a distress cannot be made, you shall then so certify to me. Development areas navigation. Ground landlord liable ), 1991 c35 s5; 1992 c48 s6; 1993 c34; 1995 c4 s1; 1995 cL-16.1 s30(3); 1995 cP-31.1 s53; 1996 cR-10.1 s11; 1996 c18; 1996 c32; 1997 c4; 1997 c13 s6; 1999 c38; 2000 c6; 2001 cM-20.2; 2001 c42 s8;2001 cN-3.1 s2; 2002 cW-4.01 s98; 2002 c8; 2003 c5 s3; 2004 c36 s4;2004 c47 s9; 2005 c26 s3; 2005 c53; 2006 c7 s3; 2006 cC-17.1 s48; 2008 c10 s2; 2008 cF-11.01 s38; 2009 c12; 2009 c39 s3; 2009 c40 ss3&4; 2012 c10 s5; 2012 c26 ss1 to 13; 2013 c16 s25; 2014 c5 ss5&6; 2016 c49 s44; 2016 c52 s1; 2021 cM-20.01 s25, AN ACT RELATING TO THE MUNICIPALAFFAIRS OF THE CITY All natural streams and watercourses flowing through the city within the city limits shall be under the control and at the disposal of the council in the manner and for the purpose that the council may determine. 209. 302. Notwithstanding another Act or law, all streets and roads within the boundaries of the city as fixed and delimited by order of the Lieutenant-Governor in Council dated December 10, 1963, or that may be fixed and delimited by Order of the Lieutenant-Governor in Council are vested in the city. Power to appoint employees 223. (3) For the purpose of this section the term "carriage" shall include a wagon, van, carriage, motor car, chaise, buggy, dogcart, cab, omnibus, char a banc, wagonette, brake, stagecoach, tramcar, or other similar conveyance, and a bicycle, tricycle, velocipede, or other similar machine, but not common carts or drays, or sleighs, however nothing in this section shall be held to alter, vary or affect an existing law relating to motor vehicles. to undertake as a project of the council the development of the area or a part of the area for a purpose which the council considers desirable; (h) 402.2 (5) The council shall insure against loss or damage by fire the closets and fittings installed under section 182 to the full value of them until the amount spent has been paid. 105.1 Work carried out inside a building that doesn't change the exterior is not considered development. 11. includes an agent receiving or entitled to receive the rentals of or having the care or management of the property belonging to an owner absent from the province but, that agent shall not incur personal liability for a breach by his or her principal of this Act in relation to the property unless after being required by the council in writing to make good a breach the agent parts with money of his or her principal without retaining an amount sufficient to enable him or her to make good the breach, including penalties for the breach; (ii) A person who contravenes subsection (1) shall be subject to a penalty not exceeding $25, or imprisonment for a period not exceeding 30 days. Extension areas 127. (2) prohibiting the sale, offering for sale or display for sale in respect of which a licence is required under regulations made under paragraph (b) and in respect of which an existing licence has not been issued. Where a party wishes to build on his or her own land, and, for the purpose of the building, uses a wall already built by another party upon the adjoining land, the council shall, upon application of either party, summon the parties and after hearing the parties, direct that the party building shall have the use of the wall to the extent required by him or her upon paying the proportion of the original cost of it that the council considers just; which proportion may be recovered by the party entitled to it in the manner provided in this section. The books of a company whose securities have been guaranteed by the city in this Schedule referred to as the "assisted company", shall at all times be open to inspection by a person named to do that by the council. The council may, in its sole discretion, refuse to issue a permit for a building or an extension or an alteration or repair of a building the size, design or appearance of which, or the location of which is, in the opinion of the council, unsuitable for the locality in which it is proposed to be erected or constructed or inferior in general character to other buildings in that locality. Where an order made under subsection (1) is signed by the mayor and is promulgated by means of radio or television or in another manner that seems advisable in the circumstances of the emergency, the order becomes effective from the time stated in the order. 390. 244. directly or indirectly interfere in the employment or discharge of employees; (b) (2) 20. Duties of medical officer City solicitor Water resources Kids, Schools Community Centres and Meeting Places Community Resources History Farmers' Markets Libraries, Animal Control By-Law Enforcement Police Force Fire Department Emergency Management Organization, Curbside Pickup Bulky Items Hazardous Waste, Awards, Grants, Incentives, and Donations, Mayor and Councillors City Departments Social Media Directory. the proposed division of the land into building sites; and. The council shall have the power to alter or divert a natural watercourse within the limits of the city after having given 3 months' written notice to the owners, lessees, or occupiers of land bordering on the watercourse, of their intention of making the alteration for the improvement of the watercourse, or of the sewage of the town, and may remove impure or offensive soil, lay pipes, construct drains, grade surrounding land, change the direction of, or fill up the watercourse, as may be considered by the council necessary or expedient. Upon the passing of the by-law establishing the authority, all the powers, rights, duties, obligations, authorities and privileges conferred on and duties imposed on the council by this section with respect to the construction, maintenance, operation and management of pedestrian promenades shall be exercised by the authority, but subject to the Highway Traffic Act providing for the summary trial, by a disciplinary tribunal of members charged with offences against the regulations, providing for the compulsory attendance of the accused and of witnesses and for administering oaths or affirmations and, subject to a specific restricted penalty that may be prescribed in regulations made under paragraph (g), providing for the imposition, upon conviction of that member for an offence, of. (2) (1)The Lieutenant-Governor in Council shall appoint 2 or more qualified persons to be a court of revision. Private sewage house (6) (2) the time and date of the contravention; (c) The party appealing under subsection (1) shall, within 10 days after the date of the decision of the Court of Revision, (a) Meetings of the council shall be held in public unless a meeting is called as a special or privileged meeting or declared by a vote of the council at a meeting to be a special or privileged meeting, in which case all members of the public present shall leave. and what offences may be dealt with under regulations made under paragraph (h); (g) (ii) with or without modifications and a certificate of the Minister of Municipal and Provincial Affairs that a document is a copy of the National Building Code of Canada 240. 256. (4) Payment of interest due the city may be enforced in a manner provided by this Act or another Act for the enforcement or collection of a tax or assessment or debt payable to the city. 231. (1)The members of the court of revision shall hold office for a period of 1 year from the date of their appointment, and shall, where required, sit as a court to hear and determine objections to assessments made for local improvements under sections 77, 78 and 79. 295. (2) to regulate and control parking lots in the city established or operated by the council and to regulate the use of parking lots and the parking of motor vehicles and to fix charges by meter or in another manner for the use of the parking lots and to impose restrictions or conditions in respect of use and parking and to fix penalties for violation of rules, regulations or by-laws made by the council under this section. 310. Estimates an accused is not compelled to testify at his or her trial, but he or she may give evidence under oath or affirmation, and an accused who has not given evidence under oath or affirmation shall, at the conclusion of the case for the prosecution, be given an opportunity of making a statement to the presiding disciplinary tribunal; (f) A car or vehicle shall not remain stationary on the crossing of a street. 282. After 5 years from the 1st issue of guaranteed securities the company, at the request of the council, shall establish the board of trustees and a difference which may arise respecting the terms of the instrument establishing the board shall be settled by the Lieutenant-Governor in Council. Capital Construction Projects the narrowness, closeness, and bad arrangement, or bad condition of the streets and houses or groups of houses, or the lack of light, air, ventilation or proper conveniences, or other sanitary defects. Authority of limit is convicted of an offence for which a summons referred to in subsection (1) or (2) was issued; and, (b) 127. 367. The council may impose the water tax in any of the following methods or forms and may fix a minimum or maximum amount for the tax and may vary the tax in application to different kinds or classes of premises or parts of premises: (a) (6) The council may designate an employee or a class of employees who may issue a, (a) Power to tax Stock in the capital of the assisted company shall not be sold or disposed of for a consideration other than cash, and money received by the assisted company on account of its capital stock shall not be used for expenditures other than those connected with the carrying out of the objects of the company, the acquisition of lands in or near the city and the building and making on the lands of dwelling houses of moderate size and improvements and conveniences. 85. Regulations Public utilities City engineer the tax may be based on and determined by reference to a scale specifying separate classifications or categories of appraised annual rental values of premises and assigning to each classification or category a specific amount or charge as the tax payable under this section. 194. 341. the tax may be based upon and form the percentage of the appraised annual rental vale of the premises or part of them as the council may determine; (b) 176. The council shall have charge and care of trees in the streets, and the planting of new trees shall be subject to its control and supervision. The costs payable by the city negotiator under subsection (11) shall be paid by the city. 15. An order made by a Provincial Court that where payment is not voluntarily made to the city as laid out in the notice, a summons will be issued with respect to the contravention stated on the violation notice. (8) establishing a development appeal board, which shall consist of at least 5 persons to be appointed annually by the council, none of whom shall be officials or employees of the city, the majority of whom shall not be members of the council, and may be re-appointed. Balance after sale 130. (b) Council regulates parks (1)The council may, by by-law, designate buildings, structures, lands or areas in whole or in part, as heritage buildings, structures, lands or areas for the purpose of preserving evidences of the city's history, culture and heritage for the education and enjoyment of present and future generations. judge or in a court of record by action at the suit of the city. The council or a member of council or its agents, officials or employees shall not be liable, directly or indirectly, for actions, suits, losses or damages that may result from the view referred to in subsection (1) or (2). (9) Liability Nothing in this section shall preclude the city from the promotion, improvement, beautification or maintenance activities within a business improvement area that are normally provided to the city at large. 300. 402. The cost of the improvement shall be assessed upon the lands directly benefited by the improvement, according to the frontage on the streets so opened or improved or adjoining. 103. Services outside city Apportionment to inspect the conduct of officers in the government of the city; (d) for the registration and licensing of persons engaged in the business of electric wiring and the manner in which electric wiring shall be done and the character of materials to be employed, and prescribing the fees to be paid for licences; (c) The owner, agent, or the council, shall have a right of appeal to the court of revision, by giving the other party notice of appeal in writing within 1 week after the service of the notice of appraisement. 389. (2) Where the order is not complied with within the time specified, the officer may vacate the dwelling. (7) (5) Repair permits are issuedwhen minor work is being carried out without any structural changes taking place. agreement made under section 340.17; or, (b) (1)The council shall have power to employ and appoint and fix the salaries of those officers and employees that may be necessary to carry out this Act. hinder or impede the ploughing of or removal of snow or ice from the street, or, (iv) 386. Menu, Toggle Section 257. (1)Where a vacancy occurs in the office of the mayor, the deputy mayor or a councillor who wishes to run for election as mayor in a by-election shall first resign as the deputy mayor or a councillor. Expenditure over estimates 369. Special loans 91. Festival of Thanksgiving and Leave-taking Services was held Sunday, April 23, 2023, at St. John's Windish Lutheran Church in Bethlehem. 73. 5.1 Weekly statistics (5) (a) 161. An official or employee of the city shall not be a contractor with the city, or shall not be interested in or become surety for the performance of a contract with or work for the city, under penalty of instant dismissal. (8) 340.21 (1)The council may direct the medical officer, sanitary supervisor or another official or qualified person on behalf of the council to enter into and inspect every part of a house or building used as a dwelling for the purpose of ascertaining its condition as regards fitness for habitation. (1)Notwithstanding another Act, the Newfoundland and Labrador Housing Corporation or a body designated by the Lieutenant-Governor in Council may, with the approval of the Lieutenant-Governor in Council and without the consent of the council, develop, service and lay out as building lots and permit building in an area of land which is outside the city limits but within 4.8 kilometres of those limits and may, with the approval of the Lieutenant-Governor in Council, make regulations providing for. Approval of poles, sewers, etc. , printed in black and white, is as follows: 24. (a) (a) (1)The council may fix and impose rates or charges for water supplied to steamers, vessels, tugboats, or ships for drinking or boiler or other purposes on the basis of flat rate charges, or at rates per gross registered tonnage or at rates per 4,500 litres of water supplied, and to provide for the measuring of quantities of water so supplied by meter or in another manner determined by the council. (i) An owner of a building or premises shall not permit water or other fluid matter to be discharged or to escape from the building or premises, through or upon a street but an owner is required to provide a properly constructed underground drain for conveyance of that water into a public sewer. An appeal may be made on a ruling on a point of order decided by the presiding officer, by a councillor stating that he or she appeals the decision, without the councillor making the appeal being recognized by the presiding officer. (7) judge may order for damage caused by that person in violating the by-law, rule or regulation. (b) 280. 327. by a commercial traveller representing a person, firm or company not domiciled in the province and having no registered agent in the city is $200. Municipal Council referred to in section 5, and, where the context so admits, shall include the city; (g) 305. An occupier of a premises, or part of a premises, who is or may be affected by the discontinuance of water under subsection (4) may pay the water tax or instalment of the water tax to the council, and is entitled to recover the amount so paid by him or her from the person liable for the water tax or instalment of the water tax by. Abattoirs & markets The owner of a carriage who allows a carriage to be driven or to be on a street without lamps, in accordance with subsection (2), shall be liable to a penalty not exceeding $10 for every offence. The building inspector may examine and approve the plans and specifications and give the permit referred to in subsection (1) for and on behalf of the city engineer unless the plans and specifications are submitted in connection with an application for a development or subdivision under section 390. give reasonable particulars of the repairs required to be made or that the land shall be cleared and left in a graded and levelled condition; and. The waters and lands covered by water within the watershed of Mobile River as described in Schedule F are vested in the council absolutely, and all other Crown lands within that watershed, which may be reasonably necessary for use in connection with the development of waterpower from the waters or the development of the waters as a source of water supply for the city, are reserved from the operation of the Crown Lands Act (e) 366. (3) (1)The council is empowered to supply water to a building or premises outside the city from a water main and to provide sewage disposal service for a building or premises outside the city through a sewer main or interceptor laid by the council outside the boundaries of the city. (3) One-half the cost of laying curbs and gutters under subsection (1) shall be paid by the city, and the other half by the owners of the land fronting on the curb and gutter in the proportions that the frontage of the land bears to the total length of the curb or gutter so laid, but the city shall pay the entire cost of laying curbs and gutters at the portions of the sidewalks that are wholly chargeable to the city under section 142. A member of the authority is eligible for reappointment on the expiration of his or her term of office. 356. 186. , the by-law, regulation or rule shall come into force and have the effect law as if specifically incorporated in this Act. (2) 390. Where a water tax imposed under this section, or an instalment of a water tax, is unpaid within 30 days from the date on which the tax or instalment is payable, the city manager may discontinue the supply of water to the premises, in respect of which the tax is imposed, by turning off the stop cock or valve on the water connection to the premises. Where it is be shown to the satisfaction of the council that the owner or lessee of vacant land along or near to which water or sewage pipes have been laid, has been offered or can obtain fair market value or rental for the land, and refuses to sell or lease or otherwise dispose of the land for building purposes, the council may fix, impose and apply to and upon the land and the interest of the owner and lessee of the land and to collect and recover the rates, taxes and assessments that would be assessed, imposed or paid, or that the owner or lessee would be liable or subject to pay upon or in respect to the lands if the lands were built upon, including in the assessment the rental value of the supposed buildings, at the fair average value of buildings on the same street or adjoining street, or similarly situated.